Prague received three substantive objections to the new building regulations from the Ministry of Regional Development

Source
Filip Sušanka
Publisher
ČTK
16.10.2014 19:20
Czech Republic

Prague

Prague - Prague received a call from the Ministry for Regional Development (MMR) to modify the new Prague Building Regulations (PSP), which are effective from October 1. In addition to a formal error, the ministry unexpectedly attached three substantive objections regarding the content of the new regulation, stated Pavel Hnilička, head of the PSP preparation team from the Institute of Planning and Development of the Capital City of Prague (IPR), at today’s seminar organized by the Association for the Development of the Real Estate Market. According to him, the municipal lawyers are currently dealing with the call.

    "The ministry warned us about the necessity of notifying the regulations to the European Commission. However, our legal opinion differs; we believe it does not apply to us. Notification serves to protect the free movement of goods and services, and in our view, construction is not a product as such, plus the directive has a limited territorial scope," Hnilička declared at the seminar. Meanwhile, the MMR ordered Prague a 60-day deadline for remedy, while the notification itself, according to one of the co-authors of the regulations, takes 90 days.
    "Moreover, only a regulation that is pending approval can be notified, not one that is already approved. We do not know what should happen now. Even if we allowed the notification to start, what would apply in Prague in that case? The old decree could not be 'revived'," Hnilička highlighted a possible obstacle.
    The ministry also attached three comments regarding the content of the new regulation to its call, such as different requirements for daylight or sunlight, which the PSP mitigates. "I find it a bit strange that the ministry criticizes us now and did not mention it before. It's a pity they did not bring it up when it was being discussed, as we would certainly have dealt with them," said Hnilička, according to whom some of the new requirements from the MMR are easily achievable. "It would be best to incorporate them into the building regulations after a certain period of functioning in the form of an amendment," added the co-author of the PSP.
    The Prague Building Regulations were prepared by a team of about one hundred members over approximately two years. Since January of this year, the text has been publicly accessible on the internet. During the public discussion, the authors received 1744 comments. The document, which is an implementing regulation of the Building Act, specifies the conditions under which construction can take place in the capital city. Prague city council approved it in July this year, and it came into effect on October 1. Before the elections, a significant debate arose around the regulations. The company BigBoard opposed the regulations, which among other things regulate advertising in the city. On the contrary, architects welcomed the acceptance of the regulations.
    According to the regulations, new standalone billboards will not be allowed, and once the current ones' valid building permits expire, companies will have to remove the giant advertising billboards and spaces. Besides regulating advertisements over six square meters, the regulations set rules for building heights, restrict urban sprawl at the expense of open countryside, and prioritize infill development and underutilized areas.
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